Standard Residential Lease Agreement

Use our standard residential lease agreement to set out the essential details of the landlord-tenant relationship.

Updated June 17, 2024
Written by Ioana Gagiuc | Reviewed by Susan Chai, Esq.

A standard residential lease agreement is a binding contract between a landlord and tenant, detailing tenancy terms for a residential property. It covers rent details, security deposit, maintenance guidelines, and rules for lease termination, property damage, and modifications.

Such leases typically last one year, ensuring landlords receive regular rental income and tenants have the right to occupy the premises under specified conditions. This document promotes clarity and transparency, minimizing disputes by clearly outlining each party’s responsibilities. Residential leases apply to various types of living spaces, including single-family homes, apartments, and more.

Supplemental Forms

Landlords and property managers should conduct a diligent tenant screening process to select the best tenants for the property. This involves two critical steps:

• Rental Application: used to collect a tenant’s personal and employment details and residential and financial history to conduct an evaluation.
• Background Check: with the prospective tenant’s consent, used to confirm the applicant’s identity, criminal history, and credit standing.

By State

• By State
• Fixed Lease vs. Month-to-Month Lease
• How to Write a Standard Residential Lease Agreement
• Standard Residential Lease Agreement Sample
• Frequently Asked Questions

Fixed Lease vs. Month-to-Month Lease

There are two primary types of residential leases:

Fixed Lease

• Is designed for long-term tenants.
• Fixed term ( specific start and end date )
• Cannot be terminated early except as expressly permitted in the contract or agreed upon by the parties.
• Cannot increase or decrease the rent during the leasing period.

Month-to-Month Lease

A month-to-month lease is less common but is used frequently in landlord-tenant situations:

• Is designed for short-term tenants.
• Can increase or decrease the rent during the leasing period.
• Allows either party to terminate the lease with the proper notice.

The required termination period may vary from state to state, so make sure to check the month-to-month termination laws.

General Termination Process for Both Lease Types

Understanding the specifics of lease termination for residential lease agreements helps both landlords and tenants navigate the process effectively:

• Notice: Both landlords and tenants should provide written notice per the lease terms or local regulations.
• Property Inspection: Landlords usually conduct a final inspection to assess the property’s condition.
• Security Deposit: Landlords may use the security deposit to cover damages, unpaid rent, or cleaning fees.
• Return of Keys: Tenants should return all keys and access devices upon moving out.
• Documentation: To resolve potential disputes, both parties should document the property’s condition with photos or a checklist.

How to Write a Standard Residential Lease Agreement

Follow these tips below to help you write your agreement:

Step 1 — Identify the Parties

The lease should identify each party to the contract. The first party is the landlord. They could be an individual or a business entity.

The second party is the tenant; the agreement may list multiple tenants. Children and people not listed as tenants but living on the property are named occupants.

Step 2 — Describe the Residential Property

The lease should clearly describe the premises, specifying whether it is a single-family home, apartment, condo, or another property type. If it involves amenities or other available services, these features should be precisely detailed and included in the document.

The contract should provide specific details about the premises:

• The number of bedrooms.
• The number of bathrooms.
• Whether there is a garage or basement.
• Whether parking is included.
• The street address, unit number (if any), city, and state.
• Whether it offers any separate storage.
• Whether it is furnished and what is provided.

Step 3 — Define the Lease Term

The lease agreement must define the term. For a fixed-term lease, provide the start and end dates in a mm/dd/yyyy format. The parties may choose to extend the lease term with a lease extension agreement, or a month-to-month tenancy may be created at the end of the term.

In the case of a month-to-month tenancy, the agreement should define the first day the tenant may occupy the premises and state that the rental agreement will continue every month after that date until either party terminates.

Step 4 — Establish the Rent Amount

The agreement must list the specific amount of rent and how often it is due. In most residential leases, tenants pay rent monthly. However, how a landlord charges rent is up to them.

Before establishing the rent amount, conducting a final assessment of the neighborhood is advisable to compare the monthly rent offered by other landlords. RentoMeter uses third-party resources to provide prospective tenants with the median rent in the market area, helping them determine if they might be overpaying.

In the rent amount section, other important details to add are:

• Whether the lease requires a security deposit.
• The amount of the security deposit.
• Where to send the monthly rent payments.
• Whether the tenant can pay with cash, credit card, check, or other payment instructions.
• The late payment policy if rent is not paid on time.
• Whether there are any late fees for late rent payments.

Late fees are typically charged per day of delayed payment or occurrence. Several states have imposed maximum limits, so it’s a good idea to research the applicable laws in the property’s location.

Step 5 — Set up Utilities and Services Responsibilities

The lease should outline whether utilities are included in the rent. If they are not, the lease should detail how the tenant should set them up. It might mention which company to contact or other vital details. The lease may also make the tenant responsible for utility services, which may include:

• Heating
• Electricity
• Water and sewer
• Internet and cable
• Waste management
• Air conditioning
• Lawn care and snow removal (in suburban areas)

Step 6 — Outline Furnishings

The lease should describe what furnishings come with the rental premises. This section should also address a rental inspection checklist. A tenant can complete this checklist to examine the presence and condition of the furnishings and if there is any preexisting damage to the property.

Step 7 — Determine the Standard Lease Termination Conditions

Most lease agreements require the tenant or landlord to deliver a specific amount of notice before ending the tenancy. This is typically one month’s notice before termination. However, it may have a longer duration.

It should detail what happens if the tenancy is terminated early, including any consequences for the early breach. A lease addendum can prove helpful when modifying the original lease agreement.

Step 8 — State the Policies and Disclosures

The agreement should contain standard policies and disclosures, such as:

• Military early termination clause.
• Whether subleases are permitted.
• Policy regarding reasonable accommodations for disabilities.
• Sex offender registry clause.
• Mechanic’s lien clause.
• Policy about property alterations.
• Smoking policy.
• Pet policy.
• Renter’s insurance policy.
• Lead-based paint disclosure.
• Right of entry and notice requirements.

Step 9 — Sign the Lease

The landlord and all adult tenants should sign the lease. The lease template must have a section where parties sign and print their name and another to date their signature.

An authorized agent or officer should sign for the company if the landlord is a business entity. The landlord agent should also note their official title immediately behind their name.

Standard Residential Lease Agreement Sample

You can download your standard residential lease agreement template below in PDF and Word.